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Finance Business Service

Automatic Blocking System of TI Will Be Temporarily Suspended

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The changes provided by the amendments to the draft Law “On Amendments to the Tax Code of Ukraine regarding the Balance of Budget Revenues in 2018” has been made in the procedure of the blocking system of tax invoices. According to the announcement made on December 7, 2017, the following has been done:
1. Clause 74.2 of the TCU has been deleted, which stipulates that the URTI ensures constant automated monitoring of the compliance of TI/AC with the criteria for assessing the degree of risk sufficient to suspend the registration. This provision will come into force on the day following the day of the publication of the Law.
It is also noted that, within two months from the date of entry into force of the Law, the Cabinet of Ministers must:

  • determine the procedure for suspension of the registration of TI/AC in the URTI in accordance with clause 201.16 of the TCU;
  • ensure the revision and bringing of the normative legal acts in compliance with this Law by the ministries and other central executive bodies.

In addition, the Cabinet is obliged, within a period of three months from the date of entry into force of this Law:

  • to adopt the normative legal acts which are necessary for the implementation of this Law;
  • to bring its normative legal acts in compliance with this Law;
  • to ensure the revision and bringing of the normative legal acts in accordance with this Law by the central executive bodies.

2. It is provided concerning the blocked TI/AC:
TI/AC, which registration in the URTI is suspended, are registered taking into account the requirements of clauses 2001.3 and 2001.9 and cause 201.10 of the TCU, of 02.01.2018, with the exception of:

  • TI/AC, on which, as of 1.12.2017, no explanations and documents have been submitted in accordance with the subparagraph 201.16.2 of the TCU;
  • TI/AC, on which it has been decided to refuse registration, and on which, as of 1.12.2017, the procedure of appeal in administrative or judicial review has not been started.

TI/AC, which registration in the URTI has been suspended from 01.12.2017 before the entry into force of this Law, and under which the taxpayer has provided explanations and copies of documents after 01.12.2017, are registered in the URTI in the manner which has been in force before the entry into force of this Law regarding the suspension of registration of TI/AC in the URTI. In case, if, within 5 working days, the decision on registration or refusal to register the TI/AC is not made and/or sent to the taxpayer, registration of such invoices is made on the business day following the expiration date of the submission of explanations and documents of the taxpayer.
3. Regarding the unconditional right of the buyer to the tax credit it is noted that for the period of suspension of the MSRAC, the action of norm is suspended that provides for that the TI/AC, drawn up and registered in the URTI after July 1, 2017, are a sufficient reason for calculating the amount of tax for the buyer of such goods/services, which relate to a tax credit and do not require any further confirmation.
The ultimate version of the adopted law has not been made public yet.

Ролан Бондарец
Author
Lawyer in tax disputes
Finance Business Service